The Palm Beach Post from West Palm Beach, Florida · Page 9

Page 9 article text (OCR)

THE
PALM
BEACH
POST
FRIDAY,
MARCH
27,
1998
9A
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i
xy
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urn
im.m
i
w
m
It
was,
after
all,
a
cheesy
defense
-
-w
r
f
r
f
Frank
Cerabino
Commentary
V
o
E.A.
KENNEDY
IllStaff
Photographer
Phil
Butler's
campaign
treasurer,
Maury
Schiowitz,
and
members
of
Butler's
family
hear
the
guilty
verdicts
on
Thursday.
Krischer
says
he'll
push
to
strengthen,
penalties
Butler
could
help
him
if
he
were
elected
Palm
Beach
County
State
Attorney.
Butler
had
argued
that
"even
a
blind
man
could
see
there
was
nothing
I
could
do
for
that
man."
But
testimony
from
Baber,
his
family
members
and
one
of
his
defense
lawyers
contradicted
that.
C'mon,
jurors.
Rise
and
shine.
Wake
up
and
smell
the
bribery.
They
had
just
begun
the
day
Thursday,
re-listening
to
the
testimony
of
defense
lawyer
David
Roth,
who
had
hung
Butler
out
to
dry
by
testifying:
"I
do
recall
(Baber)
telling
me
that
if
Mr.
Butler
was
elected,
(Baber)
would
be
given
extreme
leniency."
Ding-dong.
Conviction
calling.
And
still,
the
jurors
went
back
in
their
room
to
talk
about
it
some
more,
and
wonder
whether
Larry
would
give
Moe
$500,000
if
he
didn't
believe
Moe
could
bail
him
out
of
the
mess
he
was
in.
It
was
about
1
p.m.
And
then
the
magic
pizza
arrived.
-
The
pepperoni
perpetrator
I
don't
know
what
was
in
that
pizza,
but
.
I
think
Butler
should
scrap
that
trial-by-ambush
nonsense
and
begin
investigating
pizza
improprieties.
Consider
the
evidence.
,?
Before
pizza
arrived,
the
jurors
asked
for
permission
to
not
rule
on
the
bribery
charges.
The
judge
even
told
them
in
a
note
that
he
had
decided
to
release
them
without
arriving
at
a
verdict
on
all
the
charges.
"
-
.
.
Then,
the
pizza
arrived.
The
jurors
eat
the
pizza
and
announce
they
have
a
verdict.
The
verdict
was
guilty
on
all
charges,
!:
The
pizza
had
moved
them.
V
.
Investigate
the
pizza,
Phil.
;
'.
I
believe
there
may
be
rich
appellate
issues
encrusted
in
the
mozzarella.
;
My
own
theory
is
that
some
enterprising
citizen
intercepted
the
delivery
guy
and
delivered
,
a
message
with
the
pizza,
a
message
that
cleared
up
lingering
doubts
by
some
jurors.
,
..
.
"
:
,
Check
it
out,
Phil.
"
,
-
:
It
may
have
been
as
simple
as
spelling
"guilty"
with
pepperoni
rings.
The
pizza
did
it.
The
pizza
lunch
delivered
to
the
Phil
Butler
jury
on
Thursday
did
the
trick.
-
Before
the
pizza
arrived,
I
was
losing
hope
that
this
jury
would
ever
arrive
at
a
decision
on
this
slam-dunk
of
a
bribery
case.
The
six
jurors
had
already
been
locked
up
together
for
10
hours
over
two
days,
and
they
still
couldn't
agree
that
state
attorney
candidate
Butler
committed
bribery
when
he
accepted
$500,000
in
secret
campaign
contributions
from
a
former
friend
looking
to
dodge
a
prison
stretch.
Pardon
me,
but
this
was
sub-Kojak
material.
Columbo
would
have
been
done
with
it
before
the
first
commercial
break.
This
wasn't
some
labyrinthine
Mission
Impossible
plot
the
jurors
had
to
unravel.
This
was
the
Three
Stooges.
Butler
(Moe,
the
short
foul-mouthed
guy)
was
taking
illegal
cash
from
chronically
charged
drunk
driver
Jim
Baber
(think
Larry
in
a
toupee)
with
the
help
of
Shemp
(the
irrepressibly
buffoonish
sidekick,
Ted
Brabham).
Deliberations,
I
figured,
might
go
a
couple
hours
tops,
that
is,
if
the
jurors
really
wanted
to
milk
it,
and
perhaps
use
their
time
to
swap
childhood
tides.
,
After
all,
Butler
didn't
even
put
on
a
real
defense.
From
the
start,
Butler
was
playing
this
case
as
if
conviction
at
the
trial
was
a
given.
He
appeared
to
be
just
hoping
to
make
enough
points
to
win
an
appeal.
The
most
deliberate
deliberations
Butler,
an
experienced
criminal
defense
lawyer
well-versed
in
appellate
law,
ignored
one
of
the
cardinal
rules
of
litiga-.
tion
by
representing
himself
at
trial.
,
'
I
suspect
that's
because
he
was
conceding
the
verdict,
but
making
sure
that
he
didn't
miss
any
opportunity
to
explore
procedural
objections
that
could
be
become
fodder
for
a
later
appeal,
j
What
was
his
main
defense?
That
he
wasn't
ready
for
trial.
Trial
by
ambush,
he
called
it.
That's
a
defense
for
an
appellate
judge,
not
a
trial
jury.
His
closing'
argument
VERDICT
'.
For
the
latest
coverage,
go
to
Palm
Beach
Interactive:
www.GoPBI.com
sounded
more
like
the
first
draft
of
his
appellate
brief.
Imagine
if
he
put
on
a
real
defense?
The
jury
might
have
actually
had
something
to
deliberate.
They'd
probably
still
be
locked
away
behind
closed
doors.
The
jurors
began
deliberating
Wednesday
afternoon.
Surely,
they'd
have
a
verdict
by
dinner
time,
I
thought.
On
another
floor,
a
jury
took
about
four
hours
to
decide
a
murder
case.
Certainly,
The
Three
Stooges
wouldn't
go
longer
than
life
and
death.
,
At
about
6
p.m.,
Wednesday,
there
was
action
from
the
jury
room.
A
verdict?
No,
they
wanted
menus.
They
ate
heartily.
Certainly
they'll
reach
a
verdict
by
9:30
p.m.,
I
thought,
as
the
courthouse
became
a
conclave
of
cleaning
crews.
The
gracious
feeding,
though,
didn't
sharpen
the
jurors'
consensus-building
skills.
They
adjourned
for
the
night
without
reaching
a
verdict.
Thursday
morning
came
and
went
without
a
verdict,
too.
The
prosecutor,
Cass
Castillo,
began
to
take
on
the
stricken
look
of
a
man
who
had
inadvertently
swallowed
a
live
mullet.
The
jury
was
flirting
with
the
idea
of
not
reaching
a
verdict
on
the
heart
of
the
case
the
bribery
and
conspiracy
charges.
Just
before
lunch,
jurors
sent
out
a
note
to
the
judge.
The
note
said
they
had
arrived
at
verdicts
on
the
misdemeanor
campaign
violation
charges,
but
couldn't
arrive
at
a
unanimous
verdict
on
the
bribery
issue,
Butler
said.
The
jurors
were
hung
up
on
the
legal
definition
of
bribery,
particularly
the
element
that
required
Baber
to
"believe"
that
of
property
and
a
trip
to
Las
Vegas
that'.also
jibed
with
the
dates
of
the
deposits.
Brabham's
role
in
the
scheme
was
to
run
as
an
independent
and
split
the
vote,
assuring
Sutler's
victory.
But
he
;
was
,"sitnply
greedy,"
Castillo
'.
said.
V,
.
'
White
most
of
the
evidence
and
accusations
revealed
during
the,
trial
had
been
known
for
months,
a
plot
to
burglarize
;
Brabham's
law
office
and
blame
the
heist
on
Butler's
rival,
State
Attorney
Barry
Krischer,
surprised
some
observers
and
Krischer.
"I
just
never
believed
they
would
go
that
far,"
Krischer
said
after
the
verdicts
Thursday.
The
really
scary
thing
is,
what
if
they
had
puljed
it
off?"
According
to
Baber's
testimony;
Butler,
wearing
a
mask,
was
to,
break
through
the
firm's
back
door
with
an
ax,
while
Brabham,
the
getaway
driver,
if
m
iii
(id
ii
ih
waited
in
a
car.
Brabham's
attor
jl
(it)
If
v
it
ney
Joseph
Farish,
called
the
burrfarv
plot
a
"cock
and
bull
I
ft
IL
story!
r
do
118
X
111)
(0)
i
r,,
However,
Brabham's
former
law
partner,
Randall
Henley,
testified
that
when
he
returned
from
vacation
in
July
1996
a
metal
door
in
the
back
of
the
firm's
office
had
(loll
M
T
K
IE
U
,
been
beaten
in
and
a
lock
needed
to
be
replaced.
';""
Automatic
suspension
f
I
I
1
:
'
Castillo
said
on
Thursday
that
Henley's
former
secretary
has
al
Oct
0
)
so
confirmed
the
story
of
the
damaged
door
and
lock,
saying
From
1A
Baber
agreed
that
Butler
had
told
him
that
he
would
have
to
get
off
his
case
but
said
that
Butler
told
him
he
would
have
a
special
prosecutor
appointed
who
would
follow
Butler's
instructions.
Then,
the
case
would
be
assigned
to
a
judge
who
owed
Butler
a
favor
and
would
be
lost
in
the
shuffle,
Baber
said,
Baber,
president
of
Badcock
Economy
Furniture,
was
facing
19
years
in
prison
for
killing
a
.
man
in
a
1995
drunken
driving
crash.
After
Butler
lost
the
election
Baber
came
forward
to
officials
with
the
scheme.
Butler
And
his
campaign
manager,
V.
Ted
Brabham,
were
both
arrested
and
charged
with
bribery,
conspiracy
:
and
accepting
excessive
contrii
buttons.
Brabham's
trial
is
to
be-
gin
Monday.
,
O
Lawyer's
testimony
repeated
.'
The
jury
asked
numerous
questions,
including
whether
it
would
be
all
right
if
they
returned
verdicts
on
some
charges
but
could
not
reach
unanimous
verdicts
on
others.
After
deliberating
until
about
9
p.m.
on
Wednesday,
the
jurors
returned
Thursday
morning
and
asked
to
have
lawyer
David
Roth's
testimony
read
to
them.'
t
.
,
.'
Roth
also
represented
Baber
on
his
DUI
manslaughter
case,
and
contacted
prosecutors
after
Baber
told
him
about
the
illegal
contributions
to
Butler.'
in
his
testimony
Roth
repeatedly1
ad-
mitted
that
Baber
knew
Butler
could
not
remain
on
his
case
if
he
had
been
elected.
:
Exactly
what
Baber
believed
about
Butler's
abilities
became
:
the
focus
of
the
lengthy
deliberations,
one
juror
said.
An
element
of
bribery
requires
that
the
person
paying
the
bribe
believes
that
the
person
accepting
the
bribe
has
the
power
to
make
good
on
the
promise.
Butler
argued
that
there
was
no
way
of
knowing
what
was
in
Baber's
mind
and
that
he
had
repeatedly
told
Baber
that
he
would
have
to
get
off
his
case
if
elected.
:
."What
it
came
down
to
was
if
James
Baber
believed
he
would
benefit
from
his
contributions
to
Butler,"
the
juror
said.
Mom
impressed
jurors
As
for
Baber's
testimony,
the
jurors
did
question
his
credibility.
However,
"we
had
no
reason
not
to
believe
his
family,"
the
juror
said,
referring
to
the
testimony
of
Baber's
sister,
Jan
Baber
Paras-mo,
and
Baber's
mother,
Evelyn.
Evelyn
Baber,
in
particular
had
endeared
herself
to
the
jury
,
apologizing
for
her
tennis
ap-
pare
at
one
appearance
and
asking,
"Can
ya'll
hear
me?"
with
her
hoarse
voice.
The
jury
also
spent
time
considering
the
role
of
Brabham.
Assistant
State
Attorney
Cass
Castillo,
a
special
prosecutor
from
Bartow,
showed
the
jury
Brabham's
bank
records,
with
deposits
corresponding
to
the
dates
Baber
said
he
gave
Brabham
money.
Castillo
also
showed
the
jury
checks
for
a
boat,
a
trailer,
a
piece
she
reported
the
damage
to
Brabham
on
a
Friday
evening
but
Brabham
told
her
to
wait
until
Monday
to
take
care
of
it.
Butler's
felony
conviction
means
an
automatic
three-year
suspension
trom
practicing
law,
said
Kevin
Tynan,
branch
staff
attorney
with
the
Honda
Bar.
The
Bar
also
could
seek
disbarment
Tynan
said
the
Bar
will
re
;
-
y
f
-
view
court
records
ot
Butler
s
conviction
after
he
is
sentenced.
There
also
is
a
pending
investigation
by
the
Florida
Elections
Commission.
"I
think
the
case
demonstrates
the
real
need
for
true
campaign
reform,"
Krischer
said.
"The
way
the
statute
reads
now,
there's
no
difference
between
accepting
$550
or
$500,000
in
illegal
contributions.
They're
both
a
misdemeanor."
Krischer
said
he
would
propose
punishments
similar
to
those
in
theft
cases:
"The
more
you
take,
the
higher
the
penalty."
Although
the
campaign
finance
charges
are
misdemeanors,
there
is
a
provision
in
the
law
that
permits
a
civil
penalty
for
three
times
the
amount
of
the
illegal
contribution.
In
Butler's
case,
that
could
be
$1.5
million.
Krischer
said
Brabham
is
hoping
to
avoid
his
trial
with
a
plea,
bargain.
Farish
said
there
will
be
no
plea
bargain.
"Flea,
we've
not
discussed
that
at
all,"
Farish
said
after
learning
of
Butler's
guilty
verdicts
on
Thursday.
"Ted's
a
fighter,
you
know.
He
wants
to
go
all
the
way."
GRAND
OPENING
CELEBRATION
j
For
Coastal
Cruises
(J?"
including
cruise
k
line
service
charge
f
T
s
I
GRAND
OPENING
SAILING
SCHEDULE
Dispute
is
over
who
will
pay
debts
Fridjy
11:30PM
330AM
Saturday
930AM
3.-OOPM
430PM
-
10.-OOPM
1130PM
330AM
Sunday
ItiOPM
7O0PM
HOSPITAL
.
-
-
i
1
they
proved
their
commitment
to
Everglades,
which
has
more
than
300
employees,
when
they
lent
$650,000
three
months
ago.
At
a.
meeting
Wednesday,
they
saidit
was
the
hospital
managers'
turn
to
prove
theirs.
"We
want
to
take
over
the
op
eration
of
the
hospital,
but
we
don't
want
to
take
over
all
their
obligations,"
Bennett
said
Thursday.
After
seven
years
of
fighting
in
court
for
control
of
Everglades,
both
sides
now
say
they
want
the
health
district
to
take
over
the
hospital.
The
dispute's
over
who
should
pay
its
mounting
debts.
Palm
Beach
Post
staff
uriter
Mary
Wurrjcka
contributed
to
tfiis
report
From
1A
pital's
lead
lawyer,
Terry
Watter-son,
the
board
will
shutter
Paho-kee's
largest
year-round
employer,
gather
the
hospital's
assets
and
pay
creditors
what
they
can
though
both
suggested
there
was
still
room
for
the
health
district
to
step
in.
The
board
kept
trying
to
find
another
reason
why
they
could
stay
on
another
day,
another
week,
despite
reports
that
we
cant,"
said
Watterson.
adding
that
health
district
officials
"need
to
get
about
showing
what
their
ral
commitment
is."
But
district
otficials
contend